San Anselmo Homeless Shelter Homeless Shelter Now Open and What To Do About It San Anselmo Homeless Shelter San Anselmo R1 Homeless Shelter

Wednesday, June 10, 2015

Homeless Shelter Now Open and What To Do About It


How do I know the shelter is open?  I smelled cigarette smoke and food coming through my windows and took a walk to the corner and there it was.  Doors are open and you can see the occupants - around 30 as reported by the IJ - and the nuisance is considerable.  I have called the police.  It is illegal to smoke on a school yard and in San Anselmo you cannot smoke near areas occupied by children.

Smoke drifting onto your property is considered a trespass and you can bring a civil action without showing damages.  We should consider this if the violations continue.

It would be great if some of you would take a walk and see what is going on.  If you smell smoke, or see people wandering outside the school, please call the police.  You don't need a picture.  The mayor and a deputy I spoke with told me the way to handle nuisance issues is to make a call to the police.

Central Marin Police Department the number is: 415-927-5150

​Below are all the smoking regulations that apply:


CA Health and Safety Code Section 104495 prohibit smoking of tobacco products within 25 feet of a playground or tot lot sandbox area. The law applies to private schools and there is a $250 fine per violation.


I saw that Town Code is even more restrictive about outdoor smoking near areas used by children so I doubt that smoking can be permitted on the sidewalk outside the gym.

4-15.02 (b)(5)(ii):

The area must not include, and must be a reasonable distance from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, and school campuses


Town Code protects neighbors vigorously:
         4-15.09 (b)
For all purposes within the jurisdiction of the Town, non-consensual exposure to smoke occurring on or drifting into residential property is a nuisance, and the uninvited presence of smoke on residential property is a nuisance and a trespass. Any person bringing a civil action to enforce the nuisance provision contained in this section need not prove an injury different in kind or in degree from injury to others to prove a violation of this chapter.

Thank you for making the town enforce some of its laws.
Marsha

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